United States DC Circuit
US v. Russell, 08-3120
In a prosecution for travel with intent to engage in illicit sexual conduct, the district court's order of supervised release is affirmed in part where the court's analysis of defendant's term of supervised release under the 18 U.S.C. section 3553(a) factors made applicable by section 3583(c) did not rebut the presumption established by the within Guidelines sentence. However, the order is vacated in part where the 30-year prohibition on the possession and use of computers - a prohibition not subject to modification by the probation office - was substantively unreasonable.
Appellate Information
- Argued 01/12/2010
- Decided 04/02/2010
- Published 04/02/2010
Judges
- Before: HENDERSON and TATEL, Circuit Judges, and WILLIAMS, Senior Circuit Judge.
Court
- United States DC Circuit
Counsel
- For Appellant:
- Tony Axam Jr., Assistant Federal Public Defender, argued the cause for appellant. With him on the briefs was A.J. Kramer, Federal Public Defender. Neil H. Jaffee, Assistant Federal Public Defender, entered an appearance.
- For Appellees:
- Peter S. Smith, Assistant U.S. Attorney, argued the cause for appellee. With him on the brief were Roy W. McLeese III, Mary B. McCord, and Julieanne Himelstein, Assistant U.S. Attorney.